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HOUSE RESOLUTION 201


 
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    WHEREAS, Research has demonstrated over and over that 
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people with disabilities are far more likely to suffer from 
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abuse and neglect and to become victims of crime than are 
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people without disabilities; and

 
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    WHEREAS, In Illinois, responsibility for addressing abuse, 
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neglect and/or exploitation of people with disabilities lies 
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primarily with: the Department of Public Health (DPH), the 
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Department of Children and Family Services (DCFS), the 
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Department on Aging (DOA), and the Department of Human 
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Services' Office of Inspector General (DHS/OIG); and

 
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    WHEREAS, Each of these agencies has responsibility for 
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investigating abuse, neglect and/or exploitation of different 
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populations in different settings; and

 
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    WHEREAS, Not all populations and not all settings are 
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covered by the current investigatory system to address the 
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abuse, neglect or exploitation of people with disabilities, 
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resulting in serious gaps in protection; and

 
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    WHEREAS, The fragmented nature of Illinois' investigatory 
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system has resulted in wide-spread confusion among the public 
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on where to properly report incidents of abuse, neglect and/or 
 


 






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exploitation of people with disabilities and also confusion 
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among agency staff regarding the proper investigative body; and

 
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    WHEREAS, Many people with mental illness living in nursing 
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homes in Illinois attend off-site psychiatric day programs that 
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are not licensed, certified or regulated by any State or 
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federal agency; consequently, there is no requirement or 
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mechanism for reporting or investigating abuse, neglect or 
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exploitation of the individuals in these programs; and
 
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    WHEREAS, The General Assembly has passed P.A. 95-0651, 
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requiring all Illinois board and care homes to be licensed by 
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DPH, which will presumably provide oversight of these 
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facilities; however, due to the previous lack of oversight of 
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board and care homes, their identities and locations are 
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generally unknown; and
 
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    WHEREAS, Non-public therapeutic day schools serving 
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students (aged 6-21) with disabilities in Illinois are subject 
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to less stringent regulations regarding use of restraints and 
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isolated time-outs, are not strictly monitored, and are not 
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required to report allegations of abuse or neglect to the 
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Illinois State Board of Education (ISBE), leaving children in 
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these settings with fewer protections than those in other 
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settings; and
 
 


 






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    WHEREAS, Federal and State law require Illinois to maintain 
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an information registry relating to individuals who are 
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qualified to work in settings that serve adults or children 
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with disabilities and also those individuals who are prohibited 
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from such employment due to substantiated findings of abuse, 
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neglect or exploitation; and
 
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    WHEREAS, DPH maintains a Health Care Worker Registry 
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containing the names of certain health care staff working in 
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facilities serving adults that are licensed, funded or 
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certified by DPH or DHS, who have received required training 
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and are subject to a criminal background check; and
 
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    WHEREAS, DCFS maintains a separate registry, known as the 
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State Central Register, containing the names of and information 
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relating to individuals who have abused or neglected children; 
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and
 
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    WHEREAS, There is no cross-checking requirement or 
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mechanism between the two registries, making it possible for an 
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abuser to switch from working with one age group to the other; 
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and
 
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    WHEREAS, To be effective, investigatory systems charged 
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with responsibility for addressing abuse and neglect of people 
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with disabilities must provide a comprehensive and cohesive 
 


 






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structure that ensures the safety and well-being of the people 
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the system is mandated to protect; and
 
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    WHEREAS, Illinois' current investigatory system has been 
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mandated to address an ever-increasing set of issues and 
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settings without being provided increased resources needed to 
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effectively protect people with disabilities from abuse, 
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neglect and exploitation; and
 
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    WHEREAS, Equip for Equality (EFE) is the organization 
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designated to implement the federal Protection and Advocacy 
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(P&A) system for people with disabilities in Illinois; and
 
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    WHEREAS, Over the last five years, EFE has conducted 
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hundreds of unannounced visits to public and private facilities 
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and programs for people with disabilities, reviewed records, 
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identified, monitored and investigated dangerous conditions 
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and practices, issued recommendations, and distributed alerts 
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to service providers; and
 
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    WHEREAS, As a result of those activities, EFE has 
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identified and made recommendations regarding these and other 
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inadequacies in Illinois' investigatory system to address the 
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abuse, neglect and/or exploitation of people with 
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disabilities, which are detailed in a public report entitled, 
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"Ensuring the Safety of Children and Adults with Disabilities: 
 


 






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Filling the Gaps in Illinois' System that Investigates 
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Allegations of Abuse and Neglect"; and
 
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    WHEREAS, The Illinois Guardianship and Advocacy Commission 
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(GAC) has identified further gaps in Illinois' investigatory 
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system with respect to reports of abuse and/or neglect of 
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people with mental illness in hospital settings; therefore, be 
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it

 
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    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 
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NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that 
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the Abuse and Neglect Investigatory System Work Group is 
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created within the Department of Human Services to study and 
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recommend how Illinois' investigatory system to address the 
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abuse, neglect and exploitation of people with disabilities 
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should be changed to provide a comprehensive, cohesive system 
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that provides maximum protection for the safety and well-being 
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of people with disabilities of all ages and in all settings; 
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and be it further

 
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    RESOLVED, That the Department of Human Services shall 
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convene the Work Group, and the Secretary of Human Services 
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shall designate a chairperson of the Work Group; due to its 
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unique position and experience, the House requests that Equip 
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for Equality serve in an advisory capacity to the Work Group; 
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and be it further
 
 


 






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    RESOLVED, That additional members of the Work Group shall 
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include at least one representative each from DPH, DCFS, DOA, 
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DHS, DHS/OIG, DHFS, GAC, and ISBE; and be it further
 
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    RESOLVED, That additional members of the Work Group shall 
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include at least one representative of each of the following: 
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the medical community, the long-term care community, and 
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hospitals; and be it further
 
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    RESOLVED, That the Department of Human Services shall 
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invite other disability advocacy groups and individuals with 
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disabilities to serve as members of the Work Group; and be it 
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further
 
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    RESOLVED, That the designated State agencies shall 
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cooperate and participate with the Department of Human Services 
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in this collaborative effort and shall provide any necessary 
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research, office or meeting space, or other assistance; and be 
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it further
 
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    RESOLVED, That the Work Group shall, with input from all 
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members of the Work Group, develop recommendations and a plan 
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for closing the gaps in Illinois' current investigatory system 
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and improving its overall effectiveness, to include the 
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implementation of a statewide centralized hotline for 
 


 






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reporting incidents of abuse and neglect; and be it further
 
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    RESOLVED, That the Work Group shall further consider and 
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make recommendations regarding possible funding sources to 
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meet the increasing demands on Illinois' investigatory system 
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to address abuse, neglect and exploitation of people with 
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disabilities; and be it further
 
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    RESOLVED, That the Work Group shall submit its 
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recommendations and plan to the General Assembly no later than 
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May 31, 2010.